The meaning of legislation as a scientific and regulatory category

Автор: Komissarova Elena Genrikhovna, Komissarov Ilya Mikhailovich

Журнал: Общество: политика, экономика, право @society-pel

Рубрика: Право

Статья в выпуске: 12, 2018 года.

Бесплатный доступ

Nowadays, there are no individual studies on the meaning of legislation in the modern theory of law. It is investigated by legal scientists dealing with the interpretation of law and the gaps in law. The authors consider the term ‘meaning of legislation’ as a scientific and regulatory category. From the scientific perspective, it serves as a tool for science like any doctrinal concept. This phenomenon helps create the theories about overcoming gaps in law, the specification and interpretation of law, the doctrine of judicial discretion. As a legislative term, it involves institutions, constructs, and particular concepts of the relevant branch of law. In the modern regulatory context, the meaning of legislation goes beyond the interpretation of law and the research on the gaps in law. Being a historical element of these theories, the phenomenon under review acquires significance as an individual item and requires a study of its essence and formal logical frame.

Еще

Meaning of legislation, interpretation of rules, gaps in law, scientific concepts in law, legislative concepts in law, language of law, reason and spirit of law, principles of law

Короткий адрес: https://sciup.org/149132358

IDR: 149132358   |   DOI: 10.24158/pep.2018.12.20

Статья научная